In a Nutshell

*The Texas Supreme Court ruled that a Laredo bag ban is in conflict with state law.

*The decision could affect other bag bans in the state, including a long-standing ordinance in Austin.

The Texas Supreme Court has struck down Laredo’s ban on single-use carry-out plastic bags, a decision that is likely to affect similar bans in a handful of other cities, including Austin. The court ruled that Laredo’s ordinance conflicted with Texas law.

Say goodbye to the plastic bag ban: Texas Supreme Court rules city ordinances can't override state law https://t.co/b5fcpZQNo1

— Austin Chronicle (@AustinChronicle) June 22, 2018

The state law in question, the Texas Solid Waste Disposal Act, stops cities from enacting any ban that would prohibit or restrict the sale or use of packages or containers. In a unanimous decision, the state’s highest court ruled that single-use plastic bags fall under the definition of packages or containers.

The city of Austin has had a single-use bag ban in place since 2012. Its ordinance regulates the types of bags distributed by Austin businesses and encourages residents to use reusable bags. City officials are reviewing the court’s decision to determine how it will affect their long-standing ban.

Environmental activists called the court decision a disappointment. “Plastic pollution is harming wildlife, marring the beauty of our cities, and threatening our health, safety and economy,” Luke Metzger, executive director of Environment Texas, said in a news release. “Nothing we use for five minutes should pollute our environment for hundreds of years.”

Texas Attorney General Ken Paxton was supportive of the ruling. “I hope that Laredo, Austin and any other jurisdictions that have enacted illegal bag bans will take note and voluntarily bring their ordinances into compliance with state law. Should they decline to do so, I expect the ruling will be used to invalidate any other illegal bag bans statewide,” he said in a statement.